Previous Year Question
At least how many days of prior notice is required for the impeachment to the President of India?
7 days
14 days
21 days
30 days
Correct Answer: B
Detailed Solution
The procedure for impeachment of the President is provided under Article 61 of the Constitution. The President can be impeached only for “violation of the Constitution.” The charge may be initiated by either House of Parliament—the Lok Sabha or the Rajya Sabha.
A resolution containing the charge of impeachment can be moved only after at least 14 days' written notice of the intention to move it has been given. Therefore, the correct answer to the question is 14 days.
Merely completing the notice period is not sufficient. The written notice must also be signed by not less than one-fourth of the total number of members of the House initiating the charge. The resolution must then be passed by a majority of not less than two-thirds of the total membership of that House.
Once one House passes the charge, the other House investigates the charge or causes it to be investigated. The President has the right to appear and to be represented during the investigation. If the investigating House also passes a resolution sustaining the charge by a majority of not less than two-thirds of its total membership, the President is removed from office from the date on which that resolution is passed.
Thus, remember the targeted sequence—
14 days' written notice → signatures of at least 1/4 members → 2/3 of total membership in the first House → investigation by the other House → 2/3 of total membership in the other House.